Any board designated as special permit granting
authority in this bylaw may hear and decide applications for special
permits upon which such board is specifically authorized to act under
this bylaw in accordance with the provisions of MGL c. 40A, § 9.
The special permit granting authority shall,
within 10 days after receipt of an application for special permit,
transmit a copy thereof for review to the Board of Health, the Planning
Board, the Select Board, the Conservation Commission, the Inspector
of Buildings and any other municipal board or agency at the discretion
of the SPGA. Any such board or agency to which such petitions are
referred for review shall make such recommendations as they deem appropriate,
in writing, and shall send copies thereof to the SPGA and the applicant;
provided, however, that failure of any such board or agency to make
recommendations within 35 days of receipt by such board or agency
of the petition shall be deemed lack of opposition thereto.
Before granting a special permit for any use
requiring such permit under the provisions of this bylaw, the SPGA
shall find that the proposed use:
A. Is in compliance with all provisions and requirements
of this bylaw, and in harmony with its general intent and purpose;
B. Is essential or desirable to the public convenience
or welfare at the proposed location;
C. Will not be detrimental to adjacent uses or to the
established or future character of the neighborhood;
D. Will not create undue traffic congestion, or unduly
impair pedestrian safety;
E. Will not overload any public water, drainage or sewer
system or any other municipal facility to such an extent that the
proposed use or any existing use in the immediate area or in any other
area of the Town will be unduly subjected to the hazards affecting
public health, safety or general welfare.
[Amended 10-20-1997 STM by Art. 2; 5-5-2014 ATM by Art. 22]
Any application for a special permit shall be
accompanied by a site plan. The SPGA may require that the site plan
be prepared and signed (original signature) by a Massachusetts licensed
land surveyor and drawn to scale indicating the location, size and
height of proposed buildings, site improvements, easements and containing
such other information as may be required by the special permit granting
authority. The SPGA may require that the site plan be prepared and
signed (original signature) by a Massachusetts licensed land surveyor.
A special permit shall lapse in one year if
a substantial use or construction has not begun under the permit by
such date except for a good cause. Additionally, once substantial
construction has begun, the proposed construction shall be completed
within one year unless otherwise specified as part of the special
permit.